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2018 DIGILAW 1674 (JHR)

Suraj Narayan Gope v. State of Jharkhand

2018-08-01

RAJESH SHANKAR

body2018
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondent no. 3 – the Land Acquisition Officer, Ramgarh not to disburse the enhanced amount of compensation to the respondent nos. 4 and 5 pursuant to award passed in Land Reference Case No. 57 of 2012 till the disposal of the objection filed by the petitioners under Section 30 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act, 1894”). The petitioners have further prayed for issuance of direction upon the respondent authorities to dispose of the petition filed by the petitioners for staying of the payment of enhanced amount of compensation to the respondent nos. 4 and 5 in Land Acquisition Case No. 5 of 2003-04 (determined in Land Reference Case No. 57 of 2012) till the disposal of Land Reference Case No. 369 of 2011 filed by the petitioners under Section 30 of the Act, 1894 pending before the Civil Judge (Senior Division-II), Ramgarh. The petitioners have also prayed for issuance of direction to the Civil Judge (Senior Division-II), Ramgarh to dispose of Land Reference Case No. 369 of 2011 filed by the petitioners under Section 30 of the Act, 1894 relating to the apportionment of the claim of compensation with regard to the Land Acquisition Case No. 5 of 2003-04 for which the petitioners being the co-sharers are legally entitled to receive their share of compensation with respect to the acquired land. 2. The learned counsel for the petitioners submits that the land of Khata Nos. 25, 26 and 28 consisting of various plots situated at Village-Bujurg Jamira, P.S.-Patratu, District-Hazaribagh were held and possessed by the ancestors of the petitioners. The petitioners filed Partition Suit No. 97 of 2005 against the respondent nos. 4 and 5 in the court of Civil Judge (Junior Division), Hazaribagh claiming partition of the suit property as described in the schedule of the plaint. The learned trial court after considering the materials on record and the relevant provisions of law, decreed the said suit filed by the petitioners in part holding that the petitioners are entitled to the extent of half share in respect of the land of Khata Nos. 26 and 28 in terms with the judgment and decree dated 07.08.2014. Thereafter, the respondent nos. 26 and 28 in terms with the judgment and decree dated 07.08.2014. Thereafter, the respondent nos. 4 and 5, being aggrieved with the judgment and decree dated 07.08.2014, preferred title appeal being Title Appeal No. 45 of 2014 before the learned District Judge, Ramgarh, wherein the plaintiffs-petitioners also filed cross appeal with regard to the findings of the trial court in respect of the land described in schedule ‘C’ to the said plaint. The Appellate Court thereafter dismissed the appeal of the respondent nos. 4 and 5 and allowed the cross appeal of the petitioners holding inter alia that the suit property is liable to be partitioned between Girdhari Gope (the grandfather of respondent nos. 4 and 5) and Bhola Gope (the father of the petitioner no. 6). It is further submitted that the land measuring an area of 0.85 acres appertaining to Plot Nos. 354, 358, 361 and 529 of Khata No. 26 situated at Village-Bujurg Jamira, P.S.-Patratu, District-Hazaribagh was acquired vide Land Acquisition Case No. 5 of 2003-04 and the award was prepared in the name of the respondent nos. 4 and 5, who are the grandsons of Girdhari Gope. It is further submitted that the respondent nos. 4 and 5 filed an application under Section 18 of the Act, 1894 claiming higher compensation being Land Reference Case No. 54 of 2012, wherein the amount of compensation for the said land was enhanced and the direction was given for further payment of Rs. 24,10,136/- to the said awardees. It is also submitted that a petition has been filed by the petitioners under Section 30 of the Act, 1894 for apportionment of compensation which has been registered as Land Reference Case No. 369 of 2011 presently pending in the court of Civil Judge (Senior Division-II), Ramgarh. The petitioners have filed an application in the Land Reference Case No. 369 of 2011 praying inter alia to stay the payment of enhanced amount of compensation as determined in Land Reference Case No. 57 of 2012, but no order has been passed in the said application as yet by the learned court below. A separate petition has been filed by the petitioners before the respondent no. A separate petition has been filed by the petitioners before the respondent no. 3 – the Land Acquisition Officer, Ramgarh in Land Acquisition Case No. 5 of 2003-04 to stay the payment of enhanced amount of compensation determined in Land Reference Case No. 57 of 2012 till disposal of Land Reference Case No. 369 of 2011 to the respondent nos. 4 and 5, however, no order has been passed. 3. Heard the learned counsel for the parties. 4. The petitioners have claimed themselves to be the co-sharers of the land in question which were acquired under Land Acquisition Case No. 5 of 2003-04. Further claim of the petitioners is that the suit for partition preferred by them in the court of Civil Judge (Junior Division), Hazaribagh being Partition Suit No. 97 of 2005 was partly allowed in their favour. Further, the appeal being Title Appeal No. 45 of 2014 preferred by the respondent nos. 4 and 5 in the partition suit was dismissed by the District Judge, Ramgarh and the cross appeal filed by the petitioners was allowed with respect to the concerned schedule mentioned in the plaint. The grievance of the petitioners is that though they have preferred an application before the learned Civil Judge (Senior Division-II), Ramgarh in a proceeding under Section 30 of the Act, 1984 to stay the payment of enhanced amount of compensation to the respondent nos. 4 and 5 as determined in Land Reference Case No. 57 of 2012, however, the learned court below has not been passing any order on the said application of the petitioners. 5. Considering the limited grievance of the petitioners, the Civil Judge (Senior Division-II), Ramgarh is directed to decide the application preferred by the petitioners for staying the payment of enhanced amount of compensation to the respondent nos. 4 and 5 after hearing the learned counsel for the petitioners as well as the respondent nos. 4 and 5 expeditiously, preferably within a period of 12 weeks from the date of receipt/production of a copy of this order. 6. The writ petition is accordingly disposed of with aforesaid observation. However, it is made clear that this Court has not expressed any opinion with regard to the respective claims of the petitioners as well as respondent nos. 4 and 5 over the amount of compensation in lieu of the acquisition of the land in question. 6. The writ petition is accordingly disposed of with aforesaid observation. However, it is made clear that this Court has not expressed any opinion with regard to the respective claims of the petitioners as well as respondent nos. 4 and 5 over the amount of compensation in lieu of the acquisition of the land in question. I.A. No. 4935 of 2018 also stands disposed of. Writ petition disposed of.